Case 1:04-cv-01371-JJF
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Exhibit U
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Exhibit V
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Exhibit W
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Exhibit X
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Exhibit Y
Fairchild Semiconductor Says Lawsuit is Not Over and it Expects to Ultimately Prevail Against Power Integrations- Fairchild Semiconductor
Case 1:04-cv-01371-JJF
Document 624-5
Filed 12/10/2007
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Fairchild Semiconductor Says Lawsuit is Not Over and it Expects to Ultimately Prevail Against Power Integrations
Second Phase of Patent Infringement Lawsuit Has Yet to Come
October 10, 2006 - South Portland, Maine - Fairchild Semiconductor announced Tuesday that it continues to believe it will prevail in the patent infringement lawsuit brought against the company by Power Integrations, despite a jury verdict to the contrary in the first of three phases of trial in the case. The company also said it will continue offering its full line of pulse-width modulation (PWM) products. The company announced that it was disappointed by the jury's verdict in the first phase, but that it has yet to present all of its defenses to Power Integrations' claims. The company believes that Power Integrations' patent claims are invalid, and its invalidity defenses have yet to be heard by a jury. The trial in the case has been divided into three phases. The first phase, held last week, was on infringement, the willfulness of any infringement, and damages. The second phase, scheduled to begin Dec. 4 before a different jury, will be on the validity of the Power Integrations patents being asserted. Unenforceability will be handled in a final phase before the court. Fairchild believes it has identified inventions and publications, known as prior art, that pre-date the Power Integrations patents and that Fairchild believes would invalidate the Power Integrations patents. A jury in the first phase found Tuesday that Fairchild willfully infringed four patents asserted by Power Integrations and awarded approximately $34 million in damages. For Power Integrations to prevail in the case and receive a judgment and injunction against Fairchild, the patents found to be infringed must also be found to be valid and enforceable in the remaining phases of trial scheduled for December. Final resolution of the matter is not expected until 2007. To learn more contact: Corporate Communications: Fran Harrison 207-775-8576 [email protected] Public Relations Firm: Barbara Ewen CHEN PR 781-466-8282 [email protected]
About Fairchild Semiconductor: Fairchild Semiconductor (NYSE: FCS) is the leading global supplier of high-performance power products critical to today's leading electronic applications in the computing, communications, consumer, industrial and automotive segments. As The Power Franchise®, Fairchild offers the industry's broadest portfolio of components that optimize system power. Fairchild's 9,000 employees design, manufacture and market power, analog & mixed signal, interface, logic, and optoelectronics products. Please contact us on the web at www.fairchildsemi.com.
http://www.fairchildsemi.com/news/2006/0610/Power_Integrations_101006.html (1 of 2)10/6/2007 6:18:08 PM
Fairchild Semiconductor Says Lawsuit is Not Over and it Expects to Ultimately Prevail Against Power Integrations- Fairchild Semiconductor
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Special Note on Forward-Looking Statements: This press release contains forward-looking statements that are based on management's assumptions and expectations and that involve risk and uncertainty. Forward-looking statements usually, but do not always, contain forward-looking terminology such as "we believe," "we expect," or "we anticipate," or refer to management's expectations about the future performance of Fairchild Semiconductor or the industries and markets we serve. Many factors could cause actual results to differ materially from those expressed in forward-looking statements. Although we believe we have invalidity defenses to the Power Integrations patents found to have been infringed by Fairchild products in this case, the results of litigation are difficult to predict and no assurances can be given that Fairchild will ultimately prevail in this case. Our intellectual property and other risk factors are discussed in the company's quarterly and annual reports filed with the Securities and Exchange Commission (SEC) and available at the Investor Relations section of Fairchild Semiconductor's web site at investor.fairchildsemi.com or the SEC's web site at www.sec.gov.
© 2007 Fairchild Semiconductor
Products | Design Center | Support | Company News | Investors | My Fairchild | Contact Us | Site Index | Privacy Policy | Site Terms & Conditions | Standard Terms & Conditions of Sale Last updated: May 17, 2007
http://www.fairchildsemi.com/news/2006/0610/Power_Integrations_101006.html (2 of 2)10/6/2007 6:18:08 PM
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Exhibit Z
Fairchild Semiconductor to Continue to Fight Following Patent Verdict- Fairchild Semiconductor
Case 1:04-cv-01371-JJF
Document 624-5
Filed 12/10/2007
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Fairchild Semiconductor to Continue to Fight Following Patent Verdict
San Jose, California September 21, 2007 Fairchild Semiconductor (NYSE: FCS) said it will keep fighting following Friday's setback in its longstanding patent dispute with Power Integrations. Meanwhile, the enforceability phase of the litigation is continuing before the judge in the case and is expected to be completed on Monday. Rulings from that phase of the litigation may take several weeks and may overturn parts of the jury verdict. Late Friday, a jury for the U.S. District Court for the District of Delaware found four Power Integrations patents asserted in the lawsuit are valid. Fairchild said the verdict finding was incorrect and disappointing, and said it was planning to contest those findings and several other errors the company says have been made during the litigation that began in 2004. The company will begin this process soon, with a series of motions it expects to file in coming days and weeks and, if necessary, on appeal. Fairchild has already released a new generation of advanced pulse-width modulation (PWM) controllers and related products that replace the products that are accused in the lawsuit. Fairchild is also suing Power Integrations for patent infringement in a separate lawsuit. The company said one aspect of an earlier verdict, which found Fairchild had willfully infringed the Power Integrations patents, should be dismissed or put to a new trial because of an August 20 higher court ruling that overturned a quarter-century of precedent related to willful patent infringement. And the company said it would request a reduction in the level of damages awarded in an earlier round of the litigation because of errors in the way damages were calculated. Fairchild said it would also contest several decisions made by the court over the course of the threeyear-old dispute, including the division of the trial into several phases, rulings construing the claims of the patents involved, and limitations on the evidence Fairchild was permitted to present. To learn more contact: Fairchild Semiconductor: Patti Olson Corporate Communications (800) 341-0392 X 8728 Fax: (207) 775-8161 Email: [email protected] Agency Contact: Marsha Lisak , Senior Account Executive WelComm, Inc. (805) 223-2311 | Fax: (858) 279-5400 Email: [email protected]
About Fairchild Semiconductor: Fairchild Semiconductor (NYSE: FCS) is the global leader in power analog and power discrete technologies delivering energy-efficient solutions for all electronic systems. Recognized as The Power Franchise®, Fairchild provides leading-edge silicon and packaging technologies, manufacturing strength and system expertise. In 2007, Fairchild celebrates its "50/10" anniversary, commemorating 10
http://www.fairchildsemi.com/news/2007/0709/PR_PI_0907.html (1 of 2)9/22/2007 3:07:02 PM
Fairchild Semiconductor to Continue to Fight Following Patent Verdict- Fairchild Semiconductor
Document 624-5 Filed planar transistor Page 15 of 21 years as a new company and 50 yearsCase 1:04-cv-01371-JJF of Silicon Valley," Fairchild developed the12/10/2007 in 1958and with it a new industry. Today, Fairchild is an in the industry. Known as the "Father application-driven, solution-based semiconductor supplier providing online design tools and design centers worldwide as part of its comprehensive Global Power ResourceSM. Please contact us on the web at www.fairchildsemi.com.
Special Note on Forward-Looking Statements Some of the paragraphs above contain forward-looking statements that are based on management's assumptions and expectations and that involve risk and uncertainty. All statements in this release, other than statements or characterizations of historical fact, are forward-looking statements. Forward-looking statements usually, but do not always, contain forward-looking terminology such as "we believe," "we expect," or "we anticipate," or refer to management's expectations about Fairchild's future performance. Many factors could cause actual results to differ materially from those expressed in forward-looking statements. Important factors that may cause such a difference for Fairchild Semiconductor in connection with the company's litigation with Power Integrations include, but are not limited to, the company's ability to prevail in the enforceability phase of the litigation, the company's ability to prevail in post-trial motions and possibly on appeal, and the risks associated with litigation in general, including the costs and time that must be devoted to litigation, the potential diversion of attention of management and key employees that may result from being engaged in litigation, and the possibility of adverse results. Risk factors affecting the company generally, including those related to intellectual property and litigation, are discussed in the company's quarterly and annual reports filed with the Securities and Exchange Commission (SEC) and available at the Investor Relations section of Fairchild Semiconductor's web site at investor.fairchildsemi.com or the SEC's web site at www.sec.gov.
© 2007 Fairchild Semiconductor
Products | Design Center | Support | Company News | Investors | My Fairchild | Contact Us | Site Index | Privacy Policy | Site Terms & Conditions | Standard Terms & Conditions of Sale Last updated: September 21, 2007
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Exhibit AA
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REDACTED IN ITS ENTIRETY
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Exhibit BB
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